Terms of Use

These Terms of Use (“Terms of Use”) were last updated on 8 July 2016.

These Terms of Use constitute a legally binding agreement made by and between Glaukos Corporation (“Glaukos” or “we”) and you, whether personally or on behalf of an entity (“you”). These Terms of Use govern your use of the website located at https://www.glaukos.com (the “Website”) so please read them carefully.

BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE OUR WEBSITE.

Your Use of the Website

The Website, and the content included therein, is protected by copyright and other laws. Conditioned on your compliance with the Terms of Use, Glaukos grants you a limited, revocable, non-exclusive licence (i) to access the Website, and (ii) while accessing the Website, to access and view content displayed on the Website for your personal internal use, and not for resale or any other commercial or other purpose. You are also granted a limited, revocable, non-exclusive licence to print a single copy of any portion of the contents of the Website for your personal internal use, and no other purpose.

You agree that: (i) your use of the Website will not exceed the scope of the foregoing licence; (ii) your use of the Website will comply with all laws and will not violate the rights of any other person; (iii) any information that you provide through the Website will be true, accurate and current; (iv) you will not use any robot, spider, other automatic device, or manual process to monitor or copy any Website pages or any content included therein without Glaukos’ prior written permission; you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or take any action that imposes an unreasonable or disproportionately large load on Glaukos’ infrastructure as determined by Glaukos in its sole discretion.

Product Labelling

Unless otherwise noted, product names, descriptions and labelling are of United States (“U.S.”) origin. The product(s) listed are available only by prescription through your local healthcare professional. Except as expressly stated and agreed upon in advance by Glaukos, no director, employee, agent, or representative of Glaukos, its subsidiaries and affiliates are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through this Website.

Intellectual Property

You acknowledge and agree that Glaukos or its third-party licensors own the contents of the Website and all copyrights and all other right, title and interest in and to such content, and you agree not to challenge, directly or indirectly, Glaukos’ ownership (or that of its licensors) in and to such content. Nothing contained on the Website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any name, logo, trademark or service mark displayed on the Website without the written prior permission of Glaukos or such third party that may own the trademark displayed on the Website, and you may not use any name, logo, trademark, or service mark contained on the Website without prior written approval by Glaukos. Except as expressly permitted in these Terms of Use, you may not copy, display, distribute, perform, create derivative works of, or otherwise use the Website or its content.

Privacy

By using the Website and agreeing to these Terms of Use, you consent to the terms of our Privacy Statement for the Website, which you understand may be modified from time to time. The Privacy Policy is available at https://www.glaukos.com/privacy-policy and is incorporated into these Terms of Use by reference. You consent to our use of cookies and similar devices as further described in the Privacy Policy and for the purposes set forth in the Privacy Policy. You further understand and agree that, to the extent that information is collected about you, it will be stored on our servers.

Age Restriction

The Website is intended for use by individuals 13 years of age and older. You are not permitted to use the Website if you are under 13 years of age. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT SUBMIT PERSONAL INFORMATION TO GLAUKOS. If you are under the age of 18, but at least 13 years of age, you may use the Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Geographic Restriction

The Website is intended for use in the U.S., Canada (except in Québec) and the European Union member-countries.

Digital Millennium Copyright Act Notice Policy

Glaukos respects the intellectual property rights of others and expects its users to do the same. If you believe that any content on the Website infringes your intellectual property rights, please notify Glaukos’ Copyright Agent and provide the following information: (1) a physical or electronic signature of the person authorised to act on behalf of the owner of the intellectual property right; (2) an identification of the intellectual property claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) a detailed description of the material that you claim is infringing (with an identification of the URL or other specific location on the Website) so that we may locate it; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use is not authorised by the intellectual property rights owner, its agent, or the law; and (6) a statement by you that the above information is accurate and, under penalty of perjury, that you are authorised to act on behalf of the owner of the intellectual property rights involved.

The Glaukos Copyright Agent is Robert Davis and can be reached at the following contact information for a notice of copyright infringement:

Robert Davis
Glaukos Corporation
One Glaukos Way
Aliso Viejo, CA 92656
Telephone: 949.367.9600 x292
Fax: 949.367.9984
Email: rdavis@glaukos.com

Links

The Website may contain links to other websites operated by third parties. The linked sites are not under the control of Glaukos, and Glaukos is not responsible for the content available on any other websites linked to its Website. Such links do not imply Glaukos’ endorsement of material on any other website and Glaukos disclaims all liability with regard to your access to such linked websites. Glaukos provides links to other websites as a convenience to users and access to any other websites linked to its Website is at your own risk.

Unless otherwise set forth in a written agreement between you and Glaukos, you must adhere to the Glaukos linking policy as follows: (i) any link to the Website must be a text only link clearly marked Glaukos Corporation Website; (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Glaukos’ names and trademarks; (iii) the link must “point” to the Glaukos homepage at https://www.glaukos.com, and not to other pages within the Website; (iv) the appearance, position and other attributes of the link may not create the false appearance that your organisation or entity is sponsored by, affiliated with, or associated with Glaukos; (v) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking Website; and (vi) Glaukos reserves the right to revoke its consent to the link at any time and in its sole discretion.

Email

Email submissions over the Internet may not be secure. Please consider this fact before emailing any personal or confidential information.

Data Security

While we have measures in place to help prevent unauthorised access, maintain data security, and to make proper use of the information that we collect, you should be aware that no transmission of data over the Internet is guaranteed to be completely secure and we cannot guarantee the security of any information you provide to us.

Export Controls

You agree to comply fully with all relevant export laws and regulations of the U.S., including, but not limited to, the U.S. Export Administration Regulations, administered by the Department of Commerce.

Violations

You understand that access to the Website is conditioned on your adherence to these Terms of Use. If you violate any provision of these Terms of Use, you agree that we may deny you access to the Website. If asked to do so, you agree that you will not attempt to access the Website.

Modifications

Glaukos may, at any time, delete, modify, or supplement these Terms of Use without prior notice. Your continued use of the Website after such changes are posted will constitute your acceptance of such changes.

The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available at any time. Glaukos reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Website at any time. Glaukos may also impose limits on certain features of the Website or restrict access to any part (or all) of the Website without notice or penalty.

No Warranties

USE OF THE WEBSITE AND CONTENT AVAILABLE ON THE WEBSITE ARE AT YOUR SOLE RISK. GLAUKOS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, UNLESS EXPRESSLY SET OUT OTHERWISE HEREIN. ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE AND NEITHER GLAUKOS NOR ITS AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION. GLAUKOS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. GLAUKOS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

Limitation of Liability

GLAUKOS, ITS AFFILIATES, EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR THE PRODUCTS OR SERVICES OFFERED THEREON, EVEN IF GLAUKOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF A COMPANY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE LOWEST LIMITATION OF LIABILITY ALLOWED BY LAW, OR, IN THE EVENT SUCH AMOUNT IS NOT PRESCRIBED BY LAW, ONE HUNDRED DOLLARS ($100).

Indemnification

You agree to defend, indemnify and hold Glaukos, its employees, officers, representatives, suppliers or service providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website and breach of these Terms of Use or the documents it incorporates by reference (including, but not limited to, our Privacy Policy) or your violation of any law or the rights of a third party.

Location and Applicable Law

The Website is operated by Glaukos from Aliso Viejo, California. The information provided on the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Glaukos or its affiliates to any registration requirement within such jurisdiction or country. Glaukos makes no representation that the information in the Website is appropriate or available for use in other locations, and access to the Website from territories where the content of the Website (or use of the products offered herein) may be illegal is prohibited. Those who choose to access the Website from other locations do so on their own by initiative and are responsible for compliance with applicable local laws.

Any claim relating to the Website, including the services provided through the Website or the content of the Website, shall be governed by the laws of the state of California, without reference to its choice of law provisions, to the maximum extent permitted by law. You agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California in respect of any dispute which may arise under these Terms of Use. Without limiting the effect of any disclaimer contained herein, any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises.

Miscellaneous Provisions

These Terms of Use, as modified from time to time and including the supplemental terms and policies incorporated by reference, sets forth the entire understanding and agreement between you and Glaukos with respect to the subject matter hereof. Glaukos shall not be liable for any delay or failure in performance under these Terms of Use resulting from acts of God, civil or military authority, war, labour disputes, materials provided by third parties, or any cause beyond the reasonable control of Glaukos. Our failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and the other provisions of the Terms of Use remain in full force and effect. Glaukos may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under this Agreement are not assignable by you without consent of Glaukos. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.